Hatfield man faces February trial in fatal shooting of party guest

NORRISTOWN >> A Hatfield Township man pleaded not guilty to charges he killed another man during a house party in July and he will take his case to a jury in several months.

Derrick Jason Cosby, 43, of the 2400 block of East Orvilla Road, waived his arraignment in Montgomery County Court on Tuesday and pleaded not guilty to charges of voluntary manslaughter and possessing an instrument of crime in connection with the 11:45 p.m. July 22, 2017, shooting death of Jeremy Chasteen, 31, during a party at Cosby’s home.

“By waiving his arraignment he’s acknowledging the charges against him but he entered a plea of not guilty because he is not guilty,” Mullaney said after the brief hearing. “It’s a basic self-defense defense where a man has a right to defend his home and he has a right to defend the guests that are in his home, and that’s what Mr. Cosby did in this case.”

But county Assistant District Attorney Richard H. Bradbury Jr. alleged the fatal shooting of Chasteen was not legally justified.

“The allegation essentially is that the defendant shot and killed the victim under circumstances where he believed he had the legal right to do so but was legally incorrect,” said Bradbury, explaining the nature of the voluntary manslaughter charge.

Cosby remains free on 10 percent of $75,000 bail, which was posted shortly after his arrest in early August, with conditions that he have no contact with the victim’s family or possess a weapon.

An investigation began when Cosby placed a 911 call and informed the dispatcher “there was a domestic situation” and that he had shot someone, according to the criminal complaint filed by county Detective John Wittenberger and Hatfield Township Detective John Ciarlello. Arriving officers found Chasteen dead “of an apparent gunshot wound to the head” on the first-floor of the family room of Cosby’s residence, according to court papers.

An autopsy determined Chasteen died from a gunshot wound to the head and the manner of death was ruled homicide.

“A stippling pattern was observed in the area of the gunshot entry wound. Stippling is defined as unburnt or partially burnt powder that causes punctate abrasions on the skin. This finding is consistent with close or intermediate range of fire,” Wittenberger and Ciarlello wrote in the arrest affidavit.

The investigation determined that Cosby and his family were hosting a picnic and party at their Orvilla Road home. Chasteen was an invited guest, along with his wife and their six children, court papers indicate.

Cosby told detectives that during the evening hours he began carrying his unloaded Glock 30 .45-caliber handgun in a concealed manner, according to the criminal complaint. At one point, a disagreement erupted between Chasteen and his wife about who was going to drive home from the party, according to court documents.

Cosby allegedly told detectives he saw Chasteen “speed off” in his vehicle without his wife but then return and tell his wife to get into the car. Cosby said he witnessed Chasteen strike his wife with a closed fist when she refused.

Court documents indicate Cosby told detectives that he and another adult separated the Chasteens and walked Jeremy Chasteen back to his vehicle. However, after a brief conversation, Chasteen pushed Cosby and another male, re-entered Cosby’s residence, ordered his wife to “get in the car” and struck her again with a closed fist, according to Cosby’s statement to detectives.

“Derrick Cosby went to his bedroom and loaded a magazine into his Glock firearm,” detectives alleged in the arrest affidavit, adding Cosby claimed that when he returned to the family room he observed several people from a barricade between Chasteen and his wife.

Cosby allegedly told detectives he observed Chasteen “pushing through people” in an attempt to get at his wife. Cosby claimed to detectives he repeatedly told Chasteen to leave the home but that Chasteen pushed him and others to try to “push through” toward his wife, according to the arrest affidavit.

Cosby then fired one shot, striking Chasteen in the head. Cosby told detectives he was “maybe five feet” from Chasteen when he fired the shot, according to court papers.

“At no time prior to the shooting did Derrick Cosby attempt to call the police,” Wittenberger and Ciarlello alleged in the criminal complaint. “Derrick Cosby provided no warning to Jeremy Chasteen as he stated to detectives, ‘I just pulled it out and shot him one time.’”